284 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com LC § Description Penalty 21002112 Warehouse work quotas. Large warehouse distributor employers that utilize work quotas are subject to various requirements. Employers must give each employee a written description of any applicable quota and the potential adverse employment actions that could result from failing to meet the quota. Employers must not enforce quotas to the extent that enforcement would “prevent[] compliance with meal or rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom facilities, or occupational health and safety laws.” Any employee actions to comply with occupational health and safety laws must be considered time on task and productive time for purposes of any quota or monitoring system. Employees who believe a quota has violated their rights are entitled to request and receive a written description of each applicable quota and a copy of the most recent 90 days of the employee’s own personal work speed data. Any adverse action against an employee taken within 90 days of that employee asserting quota-related rights creates a rebuttable presumption of unlawful retaliation against the employee. Violations of the law can be pursued by the DLSE and the employees themselves can sue for injuncitive relief and be awarded attorney fees if they prevail. LC 2699 7.25.12 Accommodating employees LC § Description Penalty 230(a) Jury Duty Leave. Employers must not discharge or discriminate against employees for taking time off for jury service, after the employee gives reasonable notice that the employee is required to serve, and must permit employees on such leave to use otherwise available vacation, personal leave, or compensatory time off, unless otherwise provided by a CBA. The entitlement of any employee under this section shall not be diminished by any CBA. LC 2699 230(b) Witness Duty Leave. Employers must not discharge or discriminate or retaliate against employees for taking time off to testify under subpoena or other court order, and must permit employees on such leave to use otherwise available vacation, personal leave, or compensatory time off, unless otherwise provided by CBA. No employee entitlement under this section shall be diminished by any CBA. LC 2699
RkJQdWJsaXNoZXIy OTkwMTQ4